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Property disputes in Scotland

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Latest Property Disputes News

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Property Disputes weekly highlights—16 September 2021

Property Disputes weekly highlights—16 September 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—16 September 2021

UK parking nightmare—what is happening with NCP’s restructuring plan?

UK parking nightmare—what is happening with NCP’s restructuring plan?

The following Property Disputes news provides comprehensive and up to date legal information on UK parking nightmare—what is happening with NCP’s restructuring plan?

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

The following Dispute Resolution news provides comprehensive and up to date legal information on Whose fraud is it anyway? The effect of forgery and the defence of illegality on equitable property interests (Victus (2) v Munroe; Benjamin v Victus (1))

Featured Property Disputes content

Specific performance of property agreements

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Notice to complete

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Service charges—summary of tenants’ rights and obligations

Service charges—summary of tenants’ rights and obligations

1This summary, which briefly sets out your rights and obligations in relation to variable service charges, must by law accompany a demand for service...

Q&As

When does the provision in section 6 of the Party Wall etc Act 1996 (notice should be served where excavation within three metres of any part of a neighbouring owner’s building or structure, where any part of that work will go deeper than the neighbour’s foundations) apply? Would it be three metres at any angle or only where the property walls are adjacent?

Section 6 of the Party Wall etc Act 1996 (PWA 1996) applies where:‘ … (a) a building owner proposes to excavate, or excavate for and erect a building...
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19th May
Q&As

Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture provision in respect of the relevant breach?

In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 19th May
Q&As

Can a deposit held as stakeholder be released if one set of solicitors is unresponsive or provides spurious reasons for withholding consent?

When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes

Surrender by operation of law

A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
Practice notes

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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19th May
Practice notes

Property boundaries

This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As

When does liability for payment of arrears arise following the service of a section 17 notice on a former tenant or guarantor? Can proceedings be issued immediately following service of the notice (subject to compliance with any pre-action protocols)?

This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes

Interim rent

This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes

Rectification—unilateral mistake

This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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19th May
Practice notes

Commercial rent arrears recovery (CRAR)

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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19th May
tag iconCOVID-19
Q&As

Can you serve a notice under the Torts (Interference with Goods) Act 1977 on a vehicle parked on private property? What is the procedure for removal?

Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes

Estoppel and property law

This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As

Where a puisne mortgage is registered against title to land and the lender (a limited company) has been dissolved (a) from whom should a release be sought? (b) what is the process for obtaining release and removal of the entry against the title? and (c) is there any limitation period on enforceability of claims by a company which applies after a company has been dissolved?

A puisne mortgage is a legal mortgage which is not secured by a deposit of documents relating to the legal estate effected by the mortgage—ie one...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Q&As

How do you calculate the court fee for a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) when the value of the claim is unknown, as is sometimes the case when applying for a declaration under TOLATA 1996?

Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May
Q&As

A lease provides that the rules regarding service of notices under section 196 of the Law of Property Act 1925 will apply to any notices served under the lease. Where a break notice is served by a landlord by first class post only at the tenant’s place of business, rather than the premises or registered office, will the notice be invalid due to a failure to comply with section 196, or is compliance with these provisions not mandatory?

Any notice required or authorised to be served or given under the Law of Property Act 1925 (LPA 1925) must be in writing. In relation to the location...
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19th May

Most recent Property disputes in Scotland content

Practice notes

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Enforcement in Scottish civil litigation

Enforcement in Scottish civil litigationThis Practice Note considers enforcement in Scotland. For guidance on:•other aspects of Scottish civil...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 13th Sep
tag iconScottish Law
Practice notes

Jurisdiction in Scottish civil litigation

Jurisdiction in Scottish civil litigationBrexit: The UK's departure from the EU has implications for practitioners considering which courts have...
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Produced in partnership with Dr Kirsty Hood QC of Themis Advocates 13th Sep
tag iconScottish Law
Practice notes

The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditions

The Lands Tribunal For Scotland (LTS)—Procedure and applications to vary or discharge title conditionsCoronavirus (COVID-19): During the current...
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Produced in partnership with Andrew Todd of Springfield Properties plc 13th Sep
tag iconScottish Law
Practice notes

Coronavirus (COVID-19)—Scotland tracker

Coronavirus (COVID-19)—Scotland trackerThis table below contains an archive of news analysis on Scotland and Scots law developments of general...
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10th Sep
tag iconScottish Law tag iconCOVID-19
Practice notes

First Tier Tribunal for Scotland (housing and property chamber)

First Tier Tribunal for Scotland (housing and property chamber)Coronavirus (COVID-19): During the current pandemic, legislation, guidance and changes...
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Produced in partnership with Fiona Cameron of Gillespie Macandrew LLP 7th Sep
tag iconScottish Law
Practice notes

Licences to occupy commercial premises in Scotland

Licences to occupy commercial premises in ScotlandDifferences between leases and licences to occupyLeasesA lease in Scots law has been defined as ‘a...
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Produced in partnership with Mark Davenport of DLA Piper 7th Sep
tag iconScottish Law
Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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2nd Sep
tag iconScottish Law tag iconCOVID-19
Practice notes

Remedies in landlord and tenant disputes—Scotland

Remedies in landlord and tenant disputes—ScotlandThe main remedies available in the context of landlord and tenant disputes in Scotland...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 23rd Aug
tag iconScottish Law
Practice notes

Interdict and interim interdict in Scottish civil litigation

Interdict and interim interdict in Scottish civil litigationThis Practice Note considers the position on interdict and interim interdict in Scotland....
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Produced in partnership with Jim Cormack of Pinsent Masons 19th Aug
tag iconScottish Law
Practice notes

Pre-action requirements in Scottish civil litigation

Pre-action requirements in Scottish civil litigationThis Practice Note considers pre-action conduct in general civil disputes in Scotland. For...
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Produced in partnership with Euan McSherry of Aberdein Considine 18th Aug
tag iconScottish Law
Practice notes

Recovering rent, arrears and rates considerations in Scotland

Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 18th Aug
tag iconScottish Law
Practice notes

Property disputes in Scotland (delictual and statutory)

Property disputes in Scotland (delictual and statutory)STOP PRESS: The Prescription (Scotland) Act 2018 (P(S)A 2018) received Royal Assent on the 18...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 17th Aug
tag iconScottish Law
Practice notes

Irritancy in commercial leases—Scotland

Irritancy in commercial leases—ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice and...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 16th Aug
tag iconScottish Law
Practice notes

Property disputes in Scotland—negligence and trespass

Property disputes in Scotland—negligence and trespassThe most common types of delict to arise in property disputes are negligence, nuisance and...
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Produced in partnership with Alistair Drummond and Louise Reid of DLA Piper Scotland LLP 16th Aug
tag iconScottish Law
Practice notes

Bringing a residential tenancy to an end in Scotland

Bringing a residential tenancy to an end in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to practice...
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Produced in partnership with Gavin Deeprose of DLA Piper 13th Aug
tag iconScottish Law
Practice notes

Disputes in assignation and subletting leases in Scotland

Disputes in assignation and subletting leases in ScotlandAssignation and sublettingAssignation and subletting are two options which a tenant may use...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 13th Aug
tag iconScottish Law
Practice notes

Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processes

Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug
tag iconScottish Law
Practice notes

Lease break option disputes—Scotland

Lease break option disputes—ScotlandBreak clausesA break clause is a term in a lease which permits the landlord or the tenant to terminate a lease...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 13th Aug
tag iconScottish Law
Practice notes

Enforcing standard security Scotland—default events, creditor’s rights and service of notices

Enforcing standard security Scotland—default events, creditor’s rights and service of noticesCoronavirus (COVID-19): During the current pandemic,...
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Produced in partnership with Alistair Drummond of DLA Piper 13th Aug
tag iconScottish Law

Popular documents

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

Sale of treasury shares

Sale of treasury shares

Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)

Arms length management organisations (ALMOs)An arms length management organisation (ALMO) is a not-for-profit company that provides housing services on behalf of a local housing authority (LHA). Usually an ALMO is set up by the LHA to manage and improve all or part of its housing stock with the LHA

Involuntary manslaughter

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but